PUBLIC OFFER AGREEMENT
By accepting this public offer, you agree to all the terms and conditions set out below and confirm that you understand all its provisions and enter into an agreement on the provision of services with PASS through "PASS UA" Limited Liability Company on these terms.
Company details:Full brand (company) name and legal entity name: PASS, "PASS UA" LLC.Actual and registered address: Ukraine, 03134, city of Kyiv, 25 apt.37 Symyrenka St.,Registration number – 45342549.Telephone and сlient support services: Telegram.E-mail: university@pass.uaPUBLIC OFFER
"PASS", through "PASS UA" Limited Liability Company, offers individuals and legal entities (hereinafter referred to as the User) (together referred to as the Parties, separately as a Party) to join this Public Offer Agreement for the provision of services (hereinafter referred to as the Agreement) on the terms and conditions specified herein and in accordance with the selected list of services.
The following conclusive actions, taken separately or together, shall be deemed to be entry into this Agreement:- placing a checkmark opposite the field "I have read and agree to the public offer";
- payment of the invoice or use of online payment means for payment for Services offered by the Company on its Website (online courses, educational materials, access to software, access to web services, etc.);
- receiving access to online training courses and/or educational materials and/or software and/or web services, etc., offered by the Company.
1. DEFINITION OF TERMS
1.1 User – any individual who visits the Company's Website and orders the Company's services, fills out any registration, questionnaire forms and/or payment forms on the Company's Website.1.2 Company – "PASS" through the company "PASS UA" LLC.1.3 Services – any services offered on the Company's Website, such as: training courses, educational materials, access to software, etc.1.4 Electronic communication means – a set of web services, modules and software products (such as zoom video service, email, mobile applications, etc.) that make up a single space for providing services to Users through the Internet network.1.5 Website, website – the pass.ua website with all its web pages.1.6 Course, training course – a set of training modules (analytical, methodological, photo and video materials, tasks, etc.) that are compiled according to a specific topic and within which services are provided.1.7 Course program – a set of online seminars (webinars), lectures, meetings and educational materials that are conducted and provided to the User during the Course.1.7 Course validity – the period of time during which the Company conducts the training Course and/or provides services selected (ordered) by the User.1.8 Educational material – presentation, interactive material, video recording, photo image, analytical and methodological materials, homework, etc., access to which is provided within a specific training Course.1.9 Software - any software product and/or mobile application, access to which and/or the right to use which is offered on the Company's Website.1.10 Tariffs – information about the cost of the Course and/or Educational materials and/or Software, conditions for providing discounts, other useful benefits that are indicated on the Company's Website.
2. SUBJECT OF THE AGREEMENT
2.1 The Company undertakes to provide the User with Services, the content of which is to provide the User with access through his email (or other software tools) to the appropriate training Course and/or Educational materials and/or Software during the Course validity and/or during a certain selected period, and the User – to accept and pay for services on the terms defined in this offer.2.2 The cost of access to a specific Course and/or Educational materials and/or Software is determined on the Website and/or on the Company's pages on social networks.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1 This Agreement is concluded on the terms of the accession agreement (Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.3.2 By accepting the public offer to conclude this Agreement, the User confirms that he fully accepts its terms.3.3 The User accepts (accepts) the offer by paying for the selected Service (Course and/or Educational materials and/or Software) on the terms specified in section 4 of this Agreement, and receiving access to Courses and/or Educational materials, and/or Software, etc., offered by the Company.3.4 The written form of this Agreement may additionally be confirmed by sending an email.
4. PRICE OF SERVICES, PROCEDURE FOR PAYMENT AND RETURN OF FUNDS
4.1 The cost of Services and payment procedure are determined and applied in accordance with the Service selected by the User (Course and/or Educational materials and/or Software, etc.), which is indicated on the Company's Website and/or the relevant web page and/or on the Company's pages on social networks.4.2 Payments for Services are made by transferring money to the Company's account or through online payment systems used by the Company and displayed on the Website.4.3 Payment for Services is made in any currency available to the User in hryvnia equivalent according to the exchange rate established by the National Bank of Ukraine as of the date of payment.4.4 After full or partial payment for the Company's Services, funds are not returned (not compensated) to the User, regardless of any circumstances, including in case of non-use by the User of the provided access to the Course and/or Educational materials and/or Software.4.5 In case the User paid a reservation for the Course and/or Educational materials and/or Software (if this was provided for by the payment terms), which is part of the payment for the Course and/or Educational materials and/or Software and did not make the rest of the payment, the amount of such security payment is not returned to the User.4.6 The User has no right to demand a reduction in the cost of Services or a refund of funds, in case he did not use the Services or did not have the opportunity to use them, including during the period of providing access to such Services, for any reason.4.7 The moment of the Company's fulfillment of the obligation to provide Services is considered to be the provision to the User of access to the Services and/or the opportunity to receive the Company's Services: Course and/or Educational materials and/or Software, etc.4.8 The User may receive a discount on the cost of Services. The conditions for providing a discount on Services are communicated to the User through the Company's Website and/or the Company's pages on social networks. The discount is not provided after purchasing the Service.
5. ORDERING PROCEDURE AND TERMS OF SERVICES
5.1 Services are provided on the Internet by providing the User with access to the selected training Course, Educational materials, Software, etc., through electronic communication means during the validity period of this Agreement.5.2 To receive Services under the Agreement, the User orders the selected Service (Course and/or Educational materials and/or Software) by filling out a registration (questionnaire) form and paying the cost of the Service through an online payment system located on the Company's Website.5.3 After paying the cost of the Service, cancellation of the Service order and cancellation of registration for the selected Course by the User is not allowed.5.4 The terms of use of Services and services are indicated on the Company's Website.5.5 The date of recruitment and start of the Course are indicated on the Company's Website and/or on the Company's social network pages (facebook, instagram, etc.).5.6 The Company is not responsible if the User missed a lecture, seminar, webinar, other elements of the Course, designed for their perception by the User through his participation in the online broadcast in accordance with the Course program.5.7 The moment of proper and complete provision of Services is considered to be the provision to the User of access and/or the opportunity to access the Course and/or Educational materials and/or Software through electronic communication means. The User consumes Services by viewing Educational materials, participating in online seminars, lectures, receiving and completing homework, etc. during the Course Program, as well as by using Software.5.8 The Company independently and at its own discretion carries out an assessment of the User's successful completion of the Course.5.9 The User is prohibited from making audio and/or video recordings, distributing (or any reproduction) of Educational materials publicly or non-publicly, transferring access to the Course, Educational materials and software to any third parties, copying, distributing and otherwise reproducing Educational materials, as well as using them to create their own educational materials, courses, seminars, trainings, etc., or for any other purposes.5.10 All Educational materials are copyrighted and subjective and may not coincide with the opinion of third parties.5.11 The Company has the right to use the User's image rights as a Course student.
6. OBLIGATIONS OF THE PARTIES
6.1 Company obligations:6.1.1 Provide the User with Services in accordance with the terms of this offer.6.1.2 Provide the User with access to the Course and/or Educational materials and/or Software, depending on the Service selected and ordered by the User from the Company.6.1.3 Provide the User with online support via email or chat, which will be created or another communication channel at the Company's choice. Online support may be provided in the form of consultations on how to use the functionality of Electronic communication means, regarding online lectures (webinars) that may be provided within the Course Program, regarding the functionality and/or operation of Software or other difficulties that may arise for the User during the validity of the Agreement.6.2 User obligations:6.2.1 Accept and pay for the Company's Services in accordance with the terms of this Agreement.6.2.2 Consume Services personally and not make a purchase of Services by one person for several persons.6.2.3 Not to perform the following actions:
- audio and/or video recording of Educational materials, lectures, webinars;
- distribute (or reproduce in any other way) Courses and/or Educational materials publicly or non-publicly;
- transfer access to the Course, Educational materials and Software to any third parties,
- copy and/or use Educational materials to create their own educational materials, courses, seminars, trainings, etc., or for any other purposes.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All rights to the Website belong to the Company.7.2 All intellectual property rights, including copyright property rights, to the Course, Educational materials, Software, in particular, but not exclusively, images, videos, logos, graphics, sounds, lectures, analytical and methodological materials, program code, name, etc., belong to the Company.7.3 The Company also uses intellectual property objects that may belong to other persons, on the basis of an appropriate license, agreement or other legal basis.7.4 The Company provides the User with a limited, non-exclusive, revocable and non-sublicensable license to access and use the selected and paid Service (Course and/or Educational materials and/or Software, etc.).7.5 By providing the User with the right to use intellectual property objects for the purposes of fulfilling this Agreement, the Company does not transfer any intellectual property rights to such objects and does not provide permission to use them for purposes other than those defined by the Agreement.
8. RESPONSIBILITY OF THE PARTIES
8.1 In case of violation of the terms of payment for Services, the Company has the right to terminate the agreement unilaterally and restrict the User's access to the Service (Course and/or Educational materials and/or Software).8.2 The Company may unilaterally terminate this Agreement and block access to the Course and/or Educational materials and/or Software in cases:8.2.1 violation by the User of the requirements of paragraphs 6.2.2. and/or 6.2.3 of this Agreement.8.2.2 violation by the User of the requirements of paragraph 6.2.4 during the Course.8.3 In case of detection by the Company of violations of paragraphs 6.2.2. and/or 6.2.3 of this Agreement, the User undertakes to pay a fine in favor of the Company in the amount of $ 20,000 (twenty thousand US dollars). The User is obliged to pay the fine within 5 (five) working days from the date of sending the relevant request to the User's email. Payment is made by transferring funds to the Company's bank account in Ukrainian hryvnia at the exchange rate of the National Bank of Ukraine as of the date of payment.8.4 The Parties agreed that any public or non-public information received by the Company from any sources (information in the media, on social networks, on the Internet in general, messages from third parties, etc.), formalized or not formalized in writing, as well as screenshots of screens, recording by software means or the fact of access to the Course, Educational materials or software by third parties or by any other reasonable means will be considered proper and sufficient confirmation of the User's violation of the requirements of paragraphs 6.2.2, 6.2.3 and 6.2.4 of this Agreement.
9. DISPUTE RESOLUTION
9.1 In case of disputes, the Parties shall take action to resolve disputes before trial. In case of failure to reach an agreement between the Parties, the dispute may be resolved by the competent court of Ukraine.10. TERM OF THE AGREEMENT
10.1 The Agreement is valid from the date of the User's acceptance of the offer acceptance and until the end of the period of providing the selected Service, namely until the end of the period of conducting the Course in accordance with the Course Program and/or until the end of the period of providing access to Educational materials and/or until the end of the period of providing access to Software.10.2 Access to the Course and/or Educational materials and/or Software is provided only for the duration of the Agreement. In case the User did not use the services during this period for any reason, the term of the Agreement is not extended.10.3 The Company has the right to immediately, unilaterally terminate this Agreement in case of non-fulfillment by the User of his obligations provided for in paragraph 6.2. of this Agreement, notifying the User about this in writing to his email.10.4. In case of early termination of the Agreement for any reason, the paid funds are not subject to return to the User.
11. OTHER CONDITIONS
11.1 By joining this Agreement, the User gives the Company the right to collect, process and store his personal data in accordance with the Privacy Policy, and confirms that he is familiar with and agrees to the terms of the Privacy Policy and the Terms of Use of the Website.11.2 The Company may change the terms of this Agreement unilaterally with prior notice to the User, if at the time of the changes the User has joined this Agreement and accepted its terms.11.3 If not otherwise provided for by this offer, the usual contractual terms established by the legislation of Ukraine apply.